Texas Truck Wreck Attorney Blog

Trucking companies have an obligation to the driving public at large to ensure the competency and legality of the drivers they employ. A number of state and federal regulations exist to support this contention.

This means that trucking companies must do criminal and civil background checks on prospective employees and many do drug tests as well. The employer must do a review of the employee's past three years of work history, and determine the cause of any suspension or revocation of driver's license uncovered in their investigation.

In addition, they must administer a road test and certify that the driver is physically fit to perform the duties of the job. The goal is to determine if the drivers have had previous accidents, and/or drug or other convictions which may indicate that they pose a danger to the public.

If you are involved in an accident involving a truck the attorney who handles the case will check into the background of both the trucking company and driver to decide if any procedures or policies were circumvented to allow the driver to get behind the wheel of his rig unlawfully.

More than one lawsuit has resulted in victory for the victims because of a trucking company's negligence. Often the funds go to cover catastrophic injuries and crushing medical bills.

Property damages are also a concern in a semi truck accident because the victim's vehicle may be beyond repair and must be fully replaced. Unfortunately, no amount of compensation can erase the memory or tragic results of an accident. The more trucking companies and drivers are held to their responsibilities - the safer we'll all be.

Trucking industry analysis by examining related financial statistics.

Total revenue estimates produced by the trucking industry are 255.5 billion a year. Of this figure 'for hire' or 'common carriers trucking' companies generated revenue estimated at 97.9 billion. They outdid air transportation by 18 billion.

Private fleets generated revenue estimated at 121 billion. Their operating ratio is 95.2, which means for every dollar in revenue the trucking company has a cost of 95.2 cents leaving them with a meager profit of only 4.8 cents.

The employee driver makes about 30.3 cents per mile with an income estimate of 32-50k.

It costs about 41.73 cents per mile to operate a semi or $83.68 per hour according to reliable estimates.

18-wheelers consume over 50 billion gallons of fuel for business each year.

These stats further confirm the contention that the trucking industry is completely entwined in the American economy and I offer that were it to falter or meet its demise would be to strike a catastrophic blow. For the time being semis and other big trucks will be around into the near future.

However, while I attempt with each blog to inform the reader about a topic related to the act of driving I will take a moment to opine. Our firm is deeply entrenched in all things truck accident related and it is our unfortunate lot to see the results of 18-wheeler collisions up close and personal. Semis account for anywhere from 9% to 12% of traffic deaths annually across the country.

These scenes and their aftermath are heart wrenching and haunting. But it will not prevent truckers from hitting the road so what must be done is to continue our quest to prevent accidents instead.

Continue reading "Trucking Industry Vital for US" »

*The average semi truck and trailer is 70 to 80 feet long - 4 of them end to end make a football field.

*Depending on road conditions, weight of the load and several other factors, the length of time to stop an eighteen wheeler is 40% greater than that of an automobile. To be sure, it takes a much greater time to stop than an automobile... period.

*Trucks only have 10 brakes NOT eighteen as some have told me they thought. Trucks made now are required to have anti-lock brakes.

*The most common amount of gears in an 18 wheeler today is 10 forward and 2 reverse gears. Although they can range from 9, 10, 13, 15, and 18 gears!

*The flaps underneath the semi truck trailer are actually there to improve performance. Wind skirts under the trailer significantly reduce wind resistance and reduce airflow around the trailer. This is a big fuel economy benefit.

*According to the Department of Transportation, freight tonnage is expected to increase 70 percent between 1998 and 2020.

*In 1919 C.L. Cummins invented the first semi-truck diesel engine. In the 1930s Peterbilt designed the semi-truck body.

*While the cost of semi-truck insurance will vary by insurance provider, drivers can expect the monthly cost of insurance for a semi-truck to be an average of 10 to 30 times higher than the monthly cost of insurance for a personal vehicle (due to the increased injury potential of a truck accident).

*Most semi tractors have powerful engines and a manual transmission with between 12 and 18 gears. These rigs are typically configured with three axles and 10 wheels--two on the front axle and dual tires on both sides of the rear axles.

*Many semi tractors feature sleeping quarters behind the cab. These accommodations may range from a sleeping a bunk to miniature efficiencies decked out with microwave ovens and refrigerators and even TVs. CB radios and thunderously loud air horns are other common semi tractor accessories.

*Since fuel economy has become a crucial factor in freight transportation, the designers of Freightliner's new Cascadia semi tractor used the results from 2,500 hours of aerodynamic tests in a wind tunnel to improve its mileage capabilities. In addition to a lightweight aluminum cab that is both wider and quieter than other semi tractors, the Cascadia features ergonomic controls designed specifically for driver comfort. But these innovations are not cheap--the Cascadia is priced at more than $120,000.

Continue reading "Things You Wanted to Know About Big Rigs- But Were Afraid to Ask" »

Losing a family member in a truck accident is a very traumatic event. Sometimes the accident photographs are so gruesome that I will not show them to the clients. But for those who have not been in an 18 wheeler accident it may be helpful to be given a front-row seat to the horrors of a big rig truck accident - if for no other reasons than as a way to instill a healthy respect for these mammoths with which cars share the highways.

While my law practice focuses on 18-wheeler accidents in Texas- and particularly the Houston area- a truck accident last year in neighboring Oklahoma bears review.

Last year, a truck driver who was 76 years old at the time was in his 10th straight hour of driving when he ran over a line of cars stopped ahead of him. The 76-year-old driver ran right through 5 cars crushing the cars and victims inside.

The aftermath from this truck accident- 10 people dead and multiple families ripped apart.

Reports indicate the trucker never even slowed down - he didn't recognize or see the cars stopped in front of him. There are no words to adequately describe the injustice this tragic accident.

As usual, when an accident of this magnitude takes place, much is talked about; everyone wants action - looking for ways to prevent this from happening again. Unfortunately, no one has adequately addressed the question not one wants to ask. Was age a factor in the truck accident?

The driver was short of eighty years old- is that to old to be behind the wheel of an 80,000 pound truck?

Some have suggested an age limitation for professional drivers of 65. Perhaps that would have some effect but there is little doubt that a 65 year old may be one of the safest age groups for driving statistically.

In this truck accident the 18-wheeler driver - who admits he didn't see the cars stopped in front of him -was tired from driving the long hours on the road and just not paying proper attention.

In all, truck driving is a business and vital to our country. The regulation of truckers is a fine line between safety on our highways and economically moving the goods we use across the nation.

Continue reading "Preventing Truck Accidents is a Balancing Act" »

Medical costs associated with any type of vehicle collision are never insignificant and with truck accidents often are out of sight.

There is no shortage of statistics and reputable organizations to provide them in this country.

For instance, in an article in Money Magazine two years ago they cited the AAA findings that place the annual costs of accidents at $164.2 billion dollars or $1,051 per person.

These figures include the actual costs of short and long term medical care, emergency and police services, property damage, lost productivity and quality of life.

So what are the costs of authentic hospital tests? And what types of injuries call for their use? In fact, this topic is so complex that no simple answers are possible.

However, let it suffice to say that there is not enough room in this blog to provide sufficient answers. In the following few blogs though we shall consider the costs and use of MRIs, CAT scans, X Rays, orthopedic procedures, bone imaging, and ER visits.

Perhaps a better understanding of the price tag medical emergency services will give drivers a reason to redouble their efforts to drive defensively.

Unfortunately this does not even take into consideration the cost of increased vehicle insurance to offset these figures or the impact accidents have on a family finding themselves having to replace a car that has been declared a total loss.

Very rarely in Texas is the victim made whole on a property damage claim. Why is that? The answer is that consumers in Texas no longer have much legal recourse against their own insurance company when their own insurer treats them poorly.

Or sure you can litigate with your insurance company your property damage claim but they do not have to pay your attorney's fees.

It is time Texans demand that our elected representatives let us hold accountable the insurance companies who take our hard earned money.

Continue reading "Emergency Room Costs are they Excessive in Texas?" »

Certainly there can be no argument that speeding is dangerous and the cause of thousands of accidents and deaths each year. But driving under the speed limit is equally as dangerous - and a topic we've yet to write about.

Unless a minimum speed is posted there is no fixed minimum speed for highway driving. Sometimes weather conditions dictate driving under the posted speed limit to ensure safety.

However you can be cited for obstructing traffic if indeed you are impeding the safe forward progress of other vehicles on the roadways.

It is possible to get a ticket for the driving too slowly - particularly on the highways. If a driver is going fifteen miles below the speed limit in good driving conditions then this may be considered to be impeding traffic and it is a ticketable offense.

The times that require a driver to slow their vehicle below posted speed limits include the duty to "decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.

Speed must be decreased as necessary to avoid colliding".

One of the biggest factors for accidents is disparity of speed and you actually can have a truck going so slow on the highway that it is a hazard to the motoring public.

In all, it's best to just use common sense. Slow down in nasty weather - otherwise in good driving weather stay at or near posted speed limits on the busy highways.

Continue reading "Negligent by Driving Under the Speed Limit?" »

A man charged with reckless endangerment for letting a 15-year-old drive a big rig.

Police indicate that a man was charged for letting an unlicensed 15-year-old boy drive a tractor-trailer. Sheriff's deputies responded to an accident and discovered that the teenage boy had been driving the 18-wheeler.

The young man was apparently traveling too fast when making a turn and it resulted in the truck turning over.

According to police, the man who let the teenage boy drive the truck new that the boy was not licensed to drive and have charged him with endangering the welfare of a child.

In some parts of the country particularly in the farm belt, young men and women learn early how to operate tractors and trucks on the family farm. Times have changed but the underlying fact is that regardless of the age of the driver, no one should operate a truck or car or other machine until they are properly prepared to safely operate it.

Continue reading "15 year old wrecks big rig" »

Occasionally I must return to the simple topic of safety tips - one I harp on with great regularity but people are still getting in accidents so it must mean I need to repeat myself! Hopefully my readers will not regard me with disdain when I inform you that today's tips will be as of yet unheard of and unaddressed by me!

Writing about traumatic brain injuries from accidents over the last couple weeks got me to thinking about the types of things that might pierce the brain in an accident. It occurred that in a collision those items that are loose in the car have the potential to go flying on impact and don't tend to stop until something stops them - like a part of your body.

Canned goods, bowling balls and other sports paraphernalia, even books and pens have the potential to catapult and harm. Always keep items secured in the vehicle.

A second rule of thumb should be to always slow down as you come up to an intersection and glance to both sides to ensure a driver is not running a red light. It is a statistical fact that one of the types of collisions most likely to be fatal is when a car or truck hits yours at a 90 degree angle.

This is your most vulnerable position - airbags and seat belts offer minimal to no protection for significant side impact accidents. There is no shame is having a healthy skepticism towards other drivers on the road.

Red lights get run all the time and are a leading cause of wrongful death from a car accident in this country.

There - two pieces of good advice - hope you use them.

We will again address the trucking industry one more time before we turn our attention to other matters in blogs to follow. As in previous blogs we will examine accident statistics related to the trucking industry utilizing the same website from the previous two blogs.

According to our source "estimates of 41,000 to 45,000 traffic deaths occur every year within the U.S. Approximately 9% of those deaths involve commercial vehicles. More than 80% of those accidents are the fault of the non-commercial driver and of those deaths related accidents only 4% of trucks are fatigue related.

Drinking while intoxicated accounted for .06% of those accidents. Motor vehicle accident crashes cost society an estimated $4,900 per second. That's about $30,000 in the time it took to read that fact".

I'm sure it would not take much to convince the reader that there can be fewer things more devastating than getting in an accident with a semi truck and as I have cautioned many times in this blog - the best way to avoid it is to drive defensively. So let us review safety tips for driving around semi trucks.

First, don't tailgate or in any way drive aggressively around a semi truck. In any 'showdown' between a semi and an automobile - hands down the semi wins.

Second, use the tools at your fingertips to inform a semi truck driver of your intentions. That includes the horn, turn signals and your bright lights.

Third, and this is my favorite saying - you'll see it often in this blog - give semi trucks wide berth on the road. What do I mean by that? Simply this, give them a lot of room to maneuver - fall back a safe distance and don't linger beside them on the highway.

Continue reading "Trucking is big business part 3" »

Let us continue our discussion on the trucking industry by examining related financial statistics.
According the website listed at the end of this blog the "total revenue estimates produced by the trucking industry are 255.5 billion. Of this figure 'for hire' or 'common carriers trucking' companies generated revenue estimated at 97.9 billion.

They outdid air transportation by 18 billion. Private fleets generated revenue estimated at 121 billion. Their operating ratio is 95.2 which means for every dollar in revenue the trucking company has a cost of 95.2 cents leaving them with a profit of 4.8 cents.

The driver makes approximately 30.3 cents per mile with an average yearly income of $32,000. It costs 41.73 cents per mile to operate a semi or $83.68 per hour. Finally, trucks consumed 53.9 billion gallons of fuel for business".

These stats further confirm the contention that the trucking industry is completely entwined in the American economy and I offer that were it to falter or meet its demise would be to strike a catastrophic blow. For the time being semis and other trucks will be around into the near future.

However, while I attempt with each blog to inform the reader about a topic related to the act of driving I will take a moment to opine. Our firm is deeply entrenched in all things accident related and it is our unfortunate lot to see the results of collisions up close and personal.

As stated in previous blogs semis account for anywhere from 9% to 12% of traffic deaths annually across the country. These scenes and their aftermath are heart wrenching and haunting. But it will not prevent truckers from hitting the road so what must be done is to continue our quest to prevent truck accidents instead.

Continue reading "Trucking is big business part 2" »

Although the focus of this Texas truck accident lawyer blog has been semi truck accidents there are a number of different types of commercial vehicles.

There are dump trucks, eighteen wheelers, flatbed and garbage trucks, panel and tanker trucks. Let us consider the uses of each. Dump trucks are used for transporting material and are typically equipped with hydraulically controlled open-box bed hinged at the rear. The front of a dump truck lifts to deposit its materials at the site of delivery.

A flatbed often is usually entirely flat with absolutely no sides or roof. They are used to transport heavy goods that are not vulnerable to the elements. A waste collection vehicle picks up waste and hauls it to landfills or other recycling facilities.

Heavy trucks are the largest trucks allowed on the road and used most commonly for hauling. A panel truck is a windowless cargo van built on to a truck chassis. They are usually used for delivery.

When accident statistics are considered commercial vehicle numbers are figured separately from semi truck accidents. As recently as 2007 there were approximately 4300 deaths from large truck crashes and 77,000 injuries.

As we have cautioned readers in their driving behavior when near a semi truck on the highway - these recommendations hold equally true for all commercial vehicles. Keep a safe distance when on the highway and be sure the truck driver sees you when you pass.

In fact, give commercial vehicles and semi trucks wide berth on the highway - it's the safest response.

A Texas man was hospitalized after being severely injured in a truck wreck on Highway 185 not far from US 59. The injured man was flown to Corpus Christi after being cut out of his vehicle.

The truck accident happened when the man driving a pickup truck rear-ended a commercial truck carrying gravel. Texas state troopers investigated the accident and supervised the traffic, which was backed up for cleanup and rescue.

The driver of the pickup truck has not been identified as of this date. Hopefully, his injuries are not life threatening. Whenever a victim is flown to a hospital it is not a good sign as for as injury goes.

There are no reports regarding the speeds of the vehicle at the time of the accident. Given the fact reported by DPS that the pickup driver had to be cut out of his vehicle, the impact had to be significant and the speed disparity great.

Commercial vehicles are required to maintain standards regarding design of the bumpers and under ride potential. Truck accident attorneys who handle mainly truck accident cases should be well versed in analyzing not only the cause of the accident but also the cause of the injuries.

The truck driver who rolled his 18-wheeler into a canal is thought to have suffered a heart attack. The 61-year-old trucker went off the road and rolled his tractor-trailer in a one-truck crash.

It took rescue personnel almost 1/2 hour to extract the truck driver from his rig. Authorities believe that the truck driver suffered a stroke just prior to losing control of the vehicle.

The federal motor carrier safety regulations provide some level of comfort to the public with respect to the driver health of a big rig. However not every circumstances can be foreseen and regulated in a way fair to truck drivers and to the public.

Let us hope, that the truck driver recovers from this stroke and is in a condition to safely return to his profession soon. Given the sheer size of the big rigs extra caution is always appropriate when determining driver qualifications.

Continue reading "Heart attack suspected in 18 wheeler crash" »

The truck driver of a tractor-trailer miraculously survived a brutal accident when his semi-truck slid off the highway overpass and crashed below.

The truck driver apparently was exceeding a safe speed and lost control on wet roads when the big truck went off the overpass and onto the highway below.

When the truck flipped over and landed on the cab diesel fuel leaked from the accident and hazmat crews were dispatched to clean up the fuel. Fuel on the roadway unattended can lead to some very dangerous conditions as the fuel acts as a lubricant on wet roads much the same as hitting a patch of ice.

In this accident the trucker was wearing a seatbelt, which probably saved him from more significant injury.

Continue reading "18 wheeler slides off highway bridge" »

On March 23 a child abruptly and without forethought ran into a suburban Houston street as well as the path of an oncoming car. As several parents looked on in horror the little girl was struck by an automobile.

The woman driver stepped out of the car and seemed to check on the condition of the eight year old. Then she said to no one in particular something to the effect that it wasn't her fault, got back in her car and left. The child was rushed by ambulance to the hospital where she died the next day.

This scene is played over and over in cities across America. National statistics place the number of hit and run accidents each year at 11% of all motor vehicle collisions. In numbers this equals about 700,000 incidences where a driver has left the scene of the crime.

Hit and run is the crime of colliding with a person, their personal property (including their motor vehicle), or a fixture and failing to stop and identify oneself. In many jurisdictions a driver is legally obligated to stop and exchange information and summon emergency services. In addition, the driver is required to remain at the scene until police arrive.

Hit and run perpetrators face a variety of consequences including the suspension and cancellation of one's driving privileges and even imprisonment. Lifetime revocation of a driver's license is also a possibility. In addition, increased insurance costs, compensatory fines and punitive fines can be imposed.

Finally, if caught the driver may also incur DMV points on their license.

Last September 19, two separate hit and run accidents occurred. On April 1 a 33 year old man was struck and killed by a hit and run driver. The list goes on and on.

Perhaps the most unfortunate part of this story is that the police in Texas say there are not enough officers to investigate all the accidents as fully as need be.

Continue reading "Hit and run is a problem for all of Texas" »